AB150-SA116,61,16
16"
Section 6412cnj. 343.30 (1q) (d) of the statutes is amended to read:
AB150-SA116,63,217
343.30
(1q) (d) The assessment report shall order compliance with a driver
18safety plan. The report shall inform the person of the fee provisions under s. 46.03
19(18) (f). The driver safety plan may include a component that makes the person
20aware of the effect of his or her offense on a victim and a victim's family. The driver
21safety plan may include treatment for the person's misuse, abuse or dependence on
22alcohol or controlled substances, or attendance at a school under s. 345.60, or both.
23If the plan requires inpatient treatment, the treatment shall not exceed 30 days. A
1driver safety plan under this paragraph shall include a termination date consistent
2with the plan which shall not extend beyond one year. The county department under
3s. 51.42 shall assure notification of the department of transportation and the person
4of the person's compliance or noncompliance with assessment and with treatment.
5The school under s. 345.60 shall notify the department, the county department under
6s. 51.42 and the person of the person's compliance or noncompliance with the
7requirements of the school. Nonpayment of the assessment fee
or, if the person has
8the ability to pay, nonpayment of the driver safety plan fee is noncompliance with the
9court order. If the department is notified of any noncompliance, it shall suspend the
10person's operating privilege until the county department under s. 51.42 or the school
11under s. 345.60 notifies the department that the person is in compliance with
12assessment or the driver safety plan. The department shall notify the person of the
13suspension, the reason for the suspension and the person's right to a review. A person
14may request a review of a suspension based upon failure to comply with a driver
15safety plan within 10 days of notification. The review shall be handled by the subunit
16of the department of transportation designated by the secretary. The issues at the
17review are limited to whether the driver safety plan, if challenged, is appropriate and
18whether the person is in compliance with the assessment order or the driver safety
19plan. The review shall be conducted within 10 days after a request is received. If the
20driver safety plan is determined to be inappropriate, the department shall order a
21reassessment and if the person is otherwise eligible, the department shall reinstate
22the person's operating privilege. If the person is determined to be in compliance with
23the assessment or driver safety plan, and if the person is otherwise eligible, the
24department shall reinstate the person's operating privilege. If there is no decision
25within the 10-day period, the department shall issue an order reinstating the
1person's operating privilege until the review is completed, unless the delay is at the
2request of the person seeking the review.
AB150-SA116,63,94
343.30
(1z) If a court imposes a driver improvement surcharge under s. 346.655
5and the person fails to pay the surcharge within 60 days after the date by which the
6court ordered the surcharge to be paid, the court may suspend the person's operating
7privilege until the person pays the surcharge, except that the suspension period may
8not exceed 5 years. Any period of suspension under this subsection is subject to sub.
9(1q) (h).
AB150-SA116,64,1911
343.305
(10) (d) The assessment report shall order compliance with a driver
12safety plan. The report shall inform the person of the fee provisions under s. 46.03
13(18) (f). The driver safety plan may include a component that makes the person
14aware of the effect of his or her offense on a victim and a victim's family. The driver
15safety plan may include treatment for the person's misuse, abuse or dependence on
16alcohol or controlled substances, attendance at a school under s. 345.60, or both. If
17the plan requires inpatient treatment, the treatment shall not exceed 30 days. A
18driver safety plan under this paragraph shall include a termination date consistent
19with the plan which shall not extend beyond one year. The county department under
20s. 51.42 shall assure notification of the department of transportation and the person
21of the person's compliance or noncompliance with assessment and treatment. The
22school under s. 345.60 shall notify the department, the county department under s.
2351.42 and the person of the person's compliance or noncompliance with the
24requirements of the school. Nonpayment of the assessment fee
or, if the person has
25the ability to pay, nonpayment of the driver safety plan fee is noncompliance with the
1court order. If the department is notified of noncompliance, it shall suspend the
2person's operating privilege until the county department under s. 51.42 or the school
3under s. 345.60 notifies the department that the person is in compliance with
4assessment or the driver safety plan. The department shall notify the person of the
5suspension, the reason for the suspension and the person's right to a review. A person
6may request a review of a suspension based upon failure to comply with a driver
7safety plan within 10 days of notification. The review shall be handled by the subunit
8of the department of transportation designated by the secretary. The issues at the
9review are limited to whether the driver safety plan, if challenged, is appropriate and
10whether the person is in compliance with the assessment order or the driver safety
11plan. The review shall be conducted within 10 days after a request is received. If the
12driver safety plan is determined to be inappropriate, the department shall order a
13reassessment and if the person is otherwise eligible, the department shall reinstate
14the person's operating privilege. If the person is determined to be in compliance with
15the assessment or driver safety plan, and if the person is otherwise eligible, the
16department shall reinstate the person's operating privilege. If there is no decision
17within the 10-day period, the department shall issue an order reinstating the
18person's operating privilege until the review is completed, unless the delay is at the
19request of the person seeking the review.".
AB150-SA116,64,23
23"
Section 6416e. 346.655 (2) (b) of the statutes is amended to read:
AB150-SA116,65,5
1346.655
(2) (b) If the forfeiture is imposed by a municipal court, the court shall
2transmit the amount to the treasurer of the county, city, town or village, and that
3treasurer shall make payment of
15% 29.2% of the amount to the state treasurer as
4provided in s. 66.12 (1) (b). The treasurer of the city, town or village shall transmit
5the remaining
85% 70.8% of the amount to the treasurer of the county.
AB150-SA116,65,87
346.655
(4) Any person who fails to pay a driver improvement surcharge
8imposed under sub. (1) is subject to s. 343.30 (1z).".
AB150-SA116,66,20
20"
Section 7141bg. 800.095 (1) (intro.) of the statutes is amended to read:
AB150-SA116,67,521
800.095
(1) Nonpayment or noncompliance. (intro.) If the defendant does not
22comply with the judgment of the court under s. 800.09 (1)
, fails to pay a driver
1improvement surcharge imposed under s. 346.655 or fails to comply with the
2community service work order under s. 800.09 (1) (b), the court shall issue a warrant
3to arrest the defendant and bring him or her before the court or a summons ordering
4the defendant to appear in court, or both. The defendant may be incarcerated prior
5to the court appearance.
AB150-SA116,67,117
800.095
(4) (b) 1. That the defendant be imprisoned until the forfeiture,
8assessments
, surcharge and costs are paid, except that the defendant reduces the
9amount owed at a rate of at least $25 for each day of imprisonment, including
10imprisonment following an arrest but prior to the findings under this subsection, and
11the maximum period of imprisonment is 90 days.".
AB150-SA116,67,2018
814.635
(2) The clerk shall pay the moneys collected under
sub. subs. (1)
and
19(1m) to the county treasurer under s. 59.395 (5). The county treasurer shall pay those
20moneys to the state treasurer under s. 59.20 (11).".
AB150-SA116,68,3
1946.41
(1) Whoever Subject to sub. (1m), whoever knowingly resists or
2obstructs an officer while such officer is doing any act in an official capacity and with
3lawful authority, is guilty of a Class A misdemeanor.
AB150-SA116,68,65
946.41
(1m) (a) A person may not be prosecuted under sub. (1) if all of the
6following apply:
AB150-SA116,68,87
1. The person violates sub. (1) solely by knowingly giving false information to
8an officer.
AB150-SA116,68,119
2. The person corrects the false information by providing the officer or the
10officer's department with the correct information not later than 48 hours after giving
11the false information to the officer.
AB150-SA116,68,1512
(am) Paragraph (a) does not prohibit a prosecutor from charging a person who
13may not be prosecuted under par. (a) with a violation of a county ordinance if the
14county in which the violation of sub. (1) allegedly occurred has an ordinance that is
15in conformity with or substantially similar to sub. (1).
AB150-SA116,68,1716
(b) If a prosecutor filed a complaint that charges a person with violating sub.
17(1) and par. (a) applies, the prosecutor shall comply with s. 968.03 (4).".
AB150-SA116,68,2322
(a) Specifies in the complaint the penalties, including imprisonment,
23authorized by law for the offense.
AB150-SA116,69,2
1(b) Specifies in the complaint his or her reasons for seeking imprisonment in
2the case.".
AB150-SA116,69,8
4"
(2m) A prosecutor has the same discretion to seek imprisonment under sub.
5(2) as he or she has in making other charging decisions. The statement of reasons
6required under sub. (2) (b) is not an element of the offense and a prosecutor is not
7required to present any evidence to support his or her decision to seek imprisonment
8under sub. (2).".
AB150-SA116,69,1913
968.03
(4) (a) If a prosecutor filed a complaint that charges a person with
14violating s. 946.41 (1) and the person may not be prosecuted under s. 946.41 (1m) (a),
15the prosecutor shall move the court to dismiss the complaint or, if the defendant may
16be charged as provided under s. 946.41 (1m) (am), to amend the complaint to charge
17the defendant with violation of a county ordinance. The motion shall be in writing
18and shall state the grounds for dismissing or amending the complaint under s. 946.41
19(1m).
AB150-SA116,70,220
(b) Upon the filing of a motion to dismiss under par. (a), the court shall dismiss
21the complaint with prejudice. Upon the filing of a motion under par. (a) to amend the
22complaint to charge the defendant with violation of a county ordinance, the court
23shall grant the motion to amend if the defendant may be charged as provided under
1s. 946.41 (1m) (am) or shall deny the motion and dismiss the complaint with prejudice
2if the defendant may not be charged as provided under s. 946.41 (1m) (am).".
AB150-SA116,70,4
4"977.02
(7r) (am) For any reduction under par. (a), the board".
AB150-SA116,70,9
8"977.05
(6) (c) The state public defender may not provide legal services or
9assign counsel for an adult in a criminal case if all of the following apply:
AB150-SA116,70,1010
1. The adult is not in custody.
AB150-SA116,70,1111
2. The adult has not yet been charged with a crime.
AB150-SA116,70,1413
977.05
(6) (cm) The state public defender may not provide legal services or
14assign counsel for a child in a juvenile case if all of the following apply:
AB150-SA116,70,1515
1. The child is not in custody.
AB150-SA116,70,1716
2. The child is not yet subject to a proceeding under ch. 48 for which counsel
17is required under s. 48.23 or for which counsel may be appointed under s. 48.23.".
AB150-SA116,70,20
18491. Page 2455, line 24: after "(b)" insert: "or, if the time limit specified in s.
19809.30 (2) (b) is enlarged under s. 809.82 (2), within the time limit specified in the
20order enlarging time".
AB150-SA116,70,23
21492. Page 2456, line 7: after "(b)" insert: "or, if the time limit specified in s.
22809.30 (2) (b) is enlarged under s. 809.82 (2), within the time limit specified in the
23order enlarging time".
AB150-SA116,71,3
1493. Page 2456, line 10: delete lines 10 and 11 and substitute: "counsel in a
2proceeding under s. 973.09 (3) to modify the conditions of a probationer's probation
3unless all of the following apply:".
